Second Summative

Question 1

What is Section 15 of the Search and Surveillance Act 2012?

Answer 1

Entry without warrant (into place) to find and avoid loss of evidential material relating to certain offences.

Question 2

What is Section 16 of the Search and Surveillance Act 2012?

Answer 2

Searching people in public places without warrant for evidential material relating to certain offences.

Question 3

What is Section 17 of the Search and Surveillance Act 2012?

Answer 3

Warrantless entry and search of vehicle for evidential material relating to certain offences.

Question 4

What is Section 125 of the Search and Surveillance Act 2012?

Answer 4

RAN

Question 5

What is Section 131 of the Search and Surveillance Act 2012?

Answer 5

RAIN

Question 6

What is Section 112 of the Search and Surveillance Act 2012?

Answer 6

Items of uncertain status may be seized.

Question 7

What is Section 123 of the Search and Surveillance Act 2012?

Answer 7

Seizure of items in plain view.

Question 8

What is Section 191(1)(c) of the Crimes Act?

Answer 8

AGGRAVATED WOUNDING

• with intent to facilitate the flight of himself or any other person
• upon the commission or attempted commission of any imprisonable offence
• wounds, mains, disfigures, or causes GBH to any person, or stupifies or renders incapable of resistance.

Question 9

What is Section 235(c)of the Crimes Act 1961?

Answer 9

AGGRAVATED ROBBERY

• Being armed with any offensive weapon or instrument or anything appearing to be such a weapon or instrument; -
• robs (theft accompanied by violence)
• any person

Question 10

What is Section 6(1)(b) of the Misuse of Drugs Act 1975?

Answer 10

Producing or manufacturing a controlled drug

Question 11

What is R v RUA?

Answer 11

Offence is complete once the prohibited substance is created, despite whether or not it’s in a useable form.

Question 12

What is R v Cox?

Answer 12

POSSESSION

Two parts:

1) actual or potential custody or control
2) knowledge of the possession and an intention to exercise possession

(Knowledge drug exists, knowledge it’s a controlled drug, some degree of control over it and an intention to possess it).

Question 13

What is R v JOYCE ?

Answer 13

‘Together with’ means atleast 2 persons are physically present at the time of the robbery.

Question 14

What is R v GALEY?

Answer 14

Being ‘together with’ involves 2 or more persons having the common intention to use their combined force… directly in the perpetration of the crime.

Question 15

What is R v LAPIER?

Answer 15

Robbery is complete the instant the property is taken. Even if possession is momentary.

Question 16

What is R v MAIHI?

Answer 16

Must be connection/link between threat of violence and taking. Both must be present.

-Agg rob

Question 17

What is R v HARNEY?

Answer 17

RECKLESSNESS means the conscious and deliberate taking of an unjustified risk.

Subjective - aware of risk and proceeded regardless

Objective- it was unreasonable for him to do so.

Question 18

What is R v TIHI?

Answer 18

2 intents =

Intended to facilitate the commission of an imprisonable offence

AND

he intended to cause the specified harm, or was reckless as to that risk.

-Agg wounding